Manufacterers and Guarantors of Fertilizer

If you are a manufacturer, guarantor, or applicator of fertilizer within Pennsylvania, you are required to comply with all applicable requirements within the Pennsylvania Fertilizer Law (Chapter 68 of Act 83). A summary of key aspects of the Law are provided below.

What requirements must be met prior to manufacturing or distributing fertilizer in Pennsylvania?

All manufacturers of fertilizer products must be licensed. In addition, all specialty fertilizers must also be registered.

 

Labels

What are the label requirements for fertilizer distributed in Pennsylvania?

The guarantor must place on or affix to the fertilizer container a label that is legible and conspicuous. The label must contain the following information:

  • The brand and grade of the fertilizer. Grade is not required if no primary nutrients are claimed.
  • The guaranteed analysis showing the minimum percentage of plant food claimed.
  • A statement of where the material was derived.
  • Directions for use.
  • The name and address of the guarantor.
  • The net weight.

Distribution of bulk fertilizers require the label information to be provided to the purchaser in writing at the time of delivery.

Turf fertilizers distributed in bulk or in packages one pound or greater must also include the following restrictions written legibly and in a prominent manner;

  • The product may not be applied near water, storm drains or drainage ditches.
  • Do not apply product if a heavy rain is expected.
  • The material may only be applied to intended application site.
  • Material that lands on an impervious surface must be swept back onto the turf.  This does not apply to liquid fertilizer or non-turf fertilizers.

Non-turf fertilizers distributed in bulk or packages 40 pounds or greater must comply with turf fertilizer requirements, excluding the impervious surface restriction.

  • Fertilizers containing pesticides are exempt from providing the application restriction statements on the label, but must instead include the environmental hazard statement recommended by the Environmental Protection Agency.

 

Are there component restrictions for fertilizer labeled for turf?

For turf fertilizers claiming enhanced efficiency nitrogen, the enhanced efficiency nitrogen must be 20% or more of the total nitrogen.

Fertilizer labeled for turf may not contain phosphorus, unless the fertilizer is a natural organic or organic-based fertilizer.

Exemptions to these component restrictions apply to fertilizer labeled for turf repair or establishment and to liquid fertilizers.

 

Licensing and Registration

Who needs to obtain a fertilizer license?

Every fertilizer manufacturing facility located within the Commonwealth and each guarantor of the fertilizer must obtain a fertilizer license prior to manufacturing or distribution.

The license application fee is fifty dollars ($50) per facility and per guarantor.

The department may require the applicant to submit, along with the application, the label or labeling that is being used or intended for use with the fertilizer.

All licenses expire on June 30 of each year and must be renewed on or before July 1 in order to continue manufacturing or distributing in Pennsylvania.

Click here for Fertilizer License application or use the Forms navigation button. A license can also be obtained online by clicking “Apply for New License”, then select Fertilizer Manufacturers.

A search of facilities with an active Fertilizer License in Pennsylvania can be found by clicking here.

 

Which fertilizers must be registered?

Each brand and grade of specialty fertilizer are required to be registered by the guarantor before being offered for sale, sold, or distributed in Pennsylvania.

Each registration application must include the following:

  • Application fee of one hundred dollars ($100) per grade of each brand.
  • Labels for each grade and brand.
  • The brand and grade.
  • The guaranteed analysis.
  • The name and address of the guarantor.
  • The net weight.

All specialty fertilizer registrations expire on June 30 of each year and must be renewed on or before July 1 in order to continue distributing in Pennsylvania.

Click here for the Specialty Fertilization Registration application form or use the Forms navigation button.  Once a fertilizer license has been obtained, product registration requests can also be submitted online.

Inspection Fee & Tonnage

  • Inspection Fee: Guarantors that distribute fertilizer to end users in Pennsylvania need to pay 17 cents per ton of product distributed. This fee is due twice a year, on January 31 and July 31. If less than one ton was distributed, a minimum fee of $25.00 is due. If you didn’t sell any products, you don’t need to pay the minimum fee.
  • Reporting: You must report how many tons of fertilizer distributed every six months using the Semi-Annual Fertilizer Tonnage Report form. This form is automatically sent to all licensees.
  • Deadline: The report and fee are due by February 15 and August 15. If you’re late, you’ll have to pay a penalty of $10 or 10% of the fee, whichever is more.

 

Click here for the Semi-annual Tonnage Forms.